Terms of Use - Crazy Quest 

(2-Aug-2017)


1. Acceptance of the terms
1.1.    Welcome to Crazy Quest LTD. (51-567448-9) ("Crazy Quest" "We", "Our") location-based  augmented-reality experiences, and all associated services provided at or through Crazy Quest including online and/or outdoor and/or indoor games accessed and/or used, whether via personal computers, mobile devices, tablets, handheld devices, or through other interactive services, features, applications, and downloads (collectively, “Websites”). 
1.2.    The Terms of Use ("Terms") You are reading are a legally binding agreement ("Agreement") that governs the relationship between Crazy Quest and Yourself ("You", "User") and Your use of Crazy Quest's social games for the web, mobile or any other applicable devices (the “Service”). By accessing or using Crazy Quest's Services You agree that You have read, understood, accept and agree to be bound by these Terms. If You do not agree to these Terms, do not use the Service. This Agreement includes the Privacy Policy available on the Website (the "Privacy Policy") as an integral part herein and shall apply to all Users.
1.3.    Crazy Quest reserves the right, in its sole discretion, to revise or modify these Terms and/or the Privacy Policy and/or any other rules related to specific services, at any time by posting the revised Terms on or within the Service, and You agree to be bound by such revisions or modifications. Users are responsible for viewing the Crazy Quest’s Terms periodically. Your continued use of the Service after a change or modification of the Crazy Quest’s Terms has been made will constitute Your acceptance of the revised Terms. If You do not agree to Crazy Quest’s Terms Your only remedy is to discontinue Your use of the Service and to cancel any accounts You have created using the Service. If You use Our Service, You must follow all Crazy Quest’s Terms that may apply. If You access the Service from a social network or download the Service from another platform or applications stores, such as but not limited to Facebook, Apple or Google, You must also comply with its terms of service/use as well as the Crazy Quest’s Terms.
1.4.    You understand that the Service is evolving. You may be required to accept updates to the Service, and to Crazy Quest’s games which You have installed on Your computer or mobile device. You acknowledge that Crazy Quest may perform these updates remotely and agree that Crazy Quest may update the Service with or without notifying You. You may need to update third party software from time to time in order to receive the Service and play Crazy Quest’s games. We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: stop offering and/or supporting the Service or a particular game or part of the Service; terminate or suspend  Your license to use the Service or any part of it; modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services' availability to any person, geographic area, or jurisdiction We choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some and all users of the Services. You agree that We will not be liable to You or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate Your acceptance of such changes in the Services and in the Crazy Quest’s Terms.
1.5.    You will comply with all applicable laws and legal obligations, including those pertaining to such areas as: copyright, trademark and other intellectual property laws, libel, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, indecency, and copyright or trademark infringement. Violations of applicable laws may give rise to civil and/or criminal prosecution and penalties. 
1.6.    CRAZY QUEST MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO CRAZY QUEST'S GAMES AND WEBSITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT AND CRAZY QUEST IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
1.7.    If You violate the Crazy Quest Terms, Crazy Quest may take action against You and reserves the right to issue You a warning regarding the violation or immediately terminate or permanently suspend any or all accounts You have created using the Service. You agree that Crazy Quest does not have to provide You any notice before terminating or suspending Your account(s), but it may provide such notice in its sole discretion by itself or by any legal representative thereof. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY CRAZY QUEST GAME IS A VIOLATION OF CRAZY QUEST POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION .
1.8.    Crazy Quest  location-based activities facilitated by Our service can be used indoors and/or outdoors. There are many variables that must be considered prior to and/or during Your participation in the Service, including (but not limited to): weather, fitness level, terrain features, crosswalks, road paths,  destroyed buildings, block roads, rails, road signs, strangers and additional outdoor and/or indoor experience risks. While participating in the Service, be prepared and be sure to check the current conditions before heading to the activity. Always exercise common sense and caution. YOU ASSUME ALL RISKS ASSOCIATED WITH USING LOCATION-BASED ACTIVITIES ASSOCIATED WITH OUR SERVICE AND AGREE TO RELEASE CRAZY QUEST FROM ANY LIABILITY FOR INJURY OR LOSS SUFFERED BY YOU THROUGH THE USE OF OUR SERVICE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


2.    Age Restrictions
2.1.    Our Services might be targeted for use by anyone (without age limitation), all subject to the following restrictions. If you are a under the age of 14 ("Minors") and You wish to use the Service, Your parent or legal guardian must read and accept to this Terms and accompany You, at all times while using the Service ("Accompany Parent"). It is hereby clarified You, as an Accompany Parent shall assume all liabilities, responsibilities and obligations under this Terms, which apply on Your Minor child as a User.
2.2.    If You are an Accompany Parent of a Minor, You must assume to accompany, supervise and take control of Your Minor child while using the Service (including his participation in any activities). You take full responsibility to Your Minor child's actions and/or defaults and/or use of the Service, including all financial charges and any other legal liabilities that may result and as applicable by the relevant laws. 
2.3.    The Accompany Parent must open an Account for his Minor child and pay the Fees for the Account (to the extent necessary). By paying for Crazy Quest's Services the Accompany Parent of a Minor agrees that he have read, understood, accept and agrees to be bound to these Terms and to accompany his Minor Child while using the Service (including his participation in any activities).
2.4.    If You are under the age of 18 but at least 14, You may only use Our Services subject to a parent or legal guardian approval and consent to this Agreement ("Allowed Minors").
2.5.    If You are a parent or legal guardian of an Allowed Minor, whose child wishes to use the Service, You must agree to and accept the Terms and take full responsibility for Your child's use of the Service, including all financial charges and any legal liability that may result and as applicable by the relevant laws. For the avoidance of any doubt, an Allowed Minor can use the Services only after his parent or legal guardian paid the Fees (as defined below, to the extent necessary) and agreed to his/her use of the Services on his behalf. By paying for Crazy Quest's Services the legal guardian of an Allowed Minor agrees that he have read, understood, accepts and agrees to be bound by these Terms. At Our sole discretion, We may require proof that You meet this condition in connection of the Services. 


3.    Account Information
3.1.    To access or play Our games You may create an account with Crazy Quest (an "Account"). You may access the Services via the website, if You are using Our mobile Service, an account with the company that provides Your mobile applications. You may need to update third party software from time to time to receive the Service and/or updates and play Crazy Quest’s games. During the process of creating an Account to access the Service, You may be required to select a password or to allow Us to access Your account information from a social network service (“Login Information”). The following rules govern the security of Your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account information, including user names, phone number, email address, gender, age, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed). It is hereby clarified You may use the Service anonymously without providing Us any information ("Anonymous User"). Anonymous User might not be able to access all the games in Our Service (several location-based games will require an Account). 
3.2.    You shall not share Your Account or Login Information, nor let anyone else access Your Account or do anything else that might jeopardize the security of Your Account. 
3.3.    In the event You become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of Your Login Information or unauthorized access to Your Account, You must immediately notify CRAZY QUEST and modify Your Login Information;
3.4.    You are solely responsible for maintaining the confidentiality of the Login Information, and You will be responsible for all uses of Your Login Information.
3.5.    You are responsible for anything that happens through Your Account, whether or not such actions were taken by You. You therefore acknowledge that Your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal.   
3.6.    You undertake to monitor Your Account, to deny access to the Account and to restrict the use of the Service by Minor unless you are Accompany Parent whose Minor Child is using the Service under Your supervision as defined in section 2 Allowed Minors will access and use the Service only with their parents or legal guardians approval as defined in Section 2.3 herein. For the avoidance of any doubt, it is hereby clarified that parents or legal guardians or Accompany Parent accept full responsibility for any unauthorized use of the Service by Minors and/or Allowed Minors and acknowledge that they are fully responsible for any use of their credit card or other payment instrument (for example PayPal) by Minors and/or Allowed Minors.
3.7.    You shall not create an Account using false identity and/or information and/or on behalf of someone other than Yourself. 
3.8.    You must provide the equipment (computer, mobile device ,etc.) necessary to connect to the Service. You are responsible to pay any fees, including Internet connection or mobile fees, or for data or cellular usage to download and use the Service.
3.9.    We are not liable for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
3.10.    Crazy Quest reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
3.11.    You understand that Your user ID number and username  will be publicly available and that search engines may index Your username.
3.12.    Any personal information You provide to Us when creating or updating Your Account, which may include user name, e-mail address, phone number, gender and age will be held and used in accordance with Crazy Quest’s Privacy Policy, and any applicable laws. You agree that You will supply accurate and complete information to us, and that You will update that information promptly after it changes. As mentioned above, You may use the Service as an Anonymous User, though as such You might not be able to access all the games in Our Service (several location-based games will require an Account).
3.13.    You may stop using the Service at any time and may request that We stop making active use of Your data at any time by following the instructions in the Privacy Policy. 


4.    Location-based Service
4.1.    Some features of the Service make use of detailed location and route information, for example in the form of GPS signals and other information sent by Your mobile device on which the Service is installed and activated.  These features cannot be provided without utilizing this technology. Please note, as described in detail in the Privacy Policy.
4.2.    Crazy Quest uses Your location and route information for the use of the Service and to create a detailed location history of all of Your journeys made when using the Service. This history is associated with Your Account and username. This history is retained by Crazy Quest for a limited period of time and in accordance with the Privacy Policy.  
4.3.    Crazy Quest is a location based game which uses various instruments and content for example pictures where the Service takes place in (outdoor and/or indoor). Crazy Quest assumes no liability or responsibility for any change of the surface and/or road paths and/or road signs and/or any other change which might affect the Service and might cause the Service or certain activity to stop working. Crazy Quest assumes no liability or responsibility in any event the places (indoor and/or outdoor) and/or the roads and/or surface do not match with the pictures and/or instructions and/or other content of the Service due to road signs, blocked roads, road paths, rails, destroyed building, etc. Crazy Quest is doing needed inquiries from time to time to make sure the Service is updated and works properly. If You have crossed any difficulties to use the Service please contact Us at: support@crazyquest.com.

 

5.    Fees  
5.1.    The fees to access and use the Service, in whole or in part, as set out on the Websites, as may be updated from time to time in Our sole discretion ("Fees"). The Fees may be changed in accordance to Your usage of the Service.
5.2.    Notwithstanding the above, We may offer You certain usage for free without any fee payment ("Free Usage"). 
5.3.    We may offer You the option to purchase additional products and/or services that are supplied by third parties as set out on the Websites. Use of such services and/or products by You shall be governed by the relevant third party’s terms and conditions as shall be available at the Websites, and subject to Your compliance with such third party’s terms and conditions. 

 

6.    Account Termination
6.1.    Without limiting any other remedies, Crazy Quest may refuse access to the Service or may limit, suspend, modify, delete or terminate Your Account without notice for any reason, including, but not limited to, a suspected violation of the Crazy Quest’s Terms, illegal or improper use of Your Account, or illegal or improper use of the Services, User Content (as defined under Section 6 herein), or Crazy Quest’s intellectual property as determined by Crazy Quest in its sole discretion. You may lose Your user name, password and all related information and files associated with Your Account, as a result of Account termination, without responsibility on the part of Crazy Quest for any damage that may result from the foregoing, and Crazy Quest is under no obligation to compensate You for any such losses or results. 
6.2.    You acknowledge that Crazy Quest is not required to provide You notice before suspending or terminating Your Account or selectively removing, revoking Your Account. In the event that Crazy Quest terminates Your Account, You may not participate in any of the Services again without Crazy Quest’s express permission. Crazy Quest reserves the right to refuse to keep Accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose Accounts have been terminated by Us to use Your Account. If You believe Your Account has been terminated or removed or revoked because of an error, please contact Us at: support@crazyquest.com
6.3.    We may delete or terminate Accounts that are inactive for 60 days. If You want Us to delete or cancel Your Account You can contact Us at: support@crazyquest.com .

 

7.    User Content
7.1.    You agree that any content published by You through the Service is done so through the use of technology and tools provided by Crazy Quest. You agree that You are publishing such content willingly and You represent that You own such content, that You have all rights to publish said content and that the publishing of the content complies with all applicable laws. You understand and agree that You may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of Crazy Quest. You grant Crazy Quest a the right to act as an agent on Your behalf as the Service’s operator.
7.2.    Any communications, messages, posts, comments, solicited feedback chats, images, sounds, and all the material, data, text, graphics, photographs, videos, location information, or any other content, and their selection and arrangement, uploaded or submitted or transmitted through the Crazy Quest Service, or any other media (including but not limited to social medias, Facebook, Twitter etc.) with connection to the Service by any user, including, but not limited to, Your name, profile picture, voice, likeness, biographical information and game records ("User Content") are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by Crazy Quest (as further detailed below). All User Content uploaded or submitted or transmitted to the Service is non-confidential and non-proprietary. Any text, graphics, photographs, files or other User Content uploaded by You shall be Your sole responsibility and You hereby agree that You may be held liable for any User Content that You upload, post or otherwise transmit via the Service. Crazy Quest shall not bear any responsibility for any of the abovementioned content, and shall assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct. We reserve the right to limit the storage capacity of User Content that You post on, through or in connection with the Service.
7.3.    By uploading or submitting or transmitting User Content to the Service and/or in connection to the Service, You hereby grant Crazy Quest and its affiliates a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, use and practice, in any way now known or in the future discovered, in any media, at any time, Your User Content as well as all modified and derivative works thereof in connection with Our provision of the Service, including advertising, marketing and promotions thereof. No credit, approval or any consideration and/or compensation is due to You for any such use of the User Content You may transmit or submit or upload in any manner. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any User Content (including but not limited to the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). 
7.4.    By transmitting or submitting any User Content while using the Service, You affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that You have permission from any third party whose personal information or confidential information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) You acknowledge and agree that any of Your personal information within such content will at all times be processed by Crazy Quest in accordance with its Privacy Policy. You also agree that the User Content shall not include any indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person's privacy. 
7.5.    Further, the User Content shall not include any of the following: (1) comments, text, graphics, photographs or other content that is sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner; (2) comments, text, graphics, photographs or other content that is hurtful, offensive, violent or derogatory of any ethnic, racial, gender or religious group and/or which is illegal or violets Israeli and international laws (including but not limited to Prohibition of Defamation Law 5725-1965); (3) comments, text, graphics, photographs or other content that harass or advocate the harassment of another person; (4) comments, text, graphics, photographs or other content that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal; (5) comments, text, graphics, photographs or other content that is false or misleading or conduct that is abusive, threatening, obscene, defamatory or libelous; or (6) comments, text, graphics, photographs or other content that infringe any party's intellectual property including, but not limited to, trademark, trade secret, copyright or other proprietary rights.
7.6.    You acknowledge that We are not responsible for any User Content posted in connection any portion of the Services. We are merely providing access to the Services and User Content as a service to Our users to be used in accordance with these Terms. With respect to any User Content posted by other users, such users are solely responsible for the User Content they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Content. Similarly, We have no control over whether such User Content is of a nature that other Users might find offensive, distasteful, or otherwise unacceptable and, accordingly, We expressly disclaim any responsibility for any User Content. Just as when You view content in any other setting, You should exercise appropriate discretion, good judgment, and caution in accessing User Content in the Services and in taking any actions based upon such User Content. Accordingly, You will bear all risks associated with any such User Content that You access or use.
7.7.    Crazy Quest reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete, in whole or in part, User Content from the Service with or without notice for any reason whatsoever and We may monitor and/or record Your interaction with the Service or communications (including without limitation chat text and voice communications) when You are using the Service. You hereby agree that, to the maximum extent permitted by applicable law, Crazy Quest shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
7.8.    If User Content and/or other content posted in connection to the Service violets or breaches or infringers Your right (including but not limited to copyrights) You can contact Us at: support@crazyquest.com .

 

8.    Intellectual Property 
8.1.    Unless otherwise noted, all content in the Service, including, but not limited to, any games,  applications, software, titles, computer code, themes, objects, characters, character names, animations, stories, dialogue, catch phrases, concepts, artwork, designs, graphics, fonts, texts, information, questions, riddles, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts,  recordings of games played and other files, and their selection and arrangement,  articles, artwork, screen shots, graphics, logos, downloads, or any other content ("Service Materials"), is entirely and solely the property of Crazy Quest and is protected by Israel and international copyrights, trademarks and other intellectual property laws. Crazy Quest own any and all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. Crazy Quest reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service and Crazy Quest’s trade names, logos, trademarks, brands or service marks (“Trademarks”) used with the Service and are owned or licensed by Crazy Quest. You may only use the Service Materials in connection with Your use of the Services for personal, non-commercial, entertainment purposes. You hereby acknowledge that You do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof. The Service Materials may not be used by You in any other manner, or for any purpose, without Crazy Quest’s express prior written permission and/or the consent of any third party We deem necessary, except as provided for herein. Any unauthorized use by You of the Service Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws, regulations and statutes.
8.2.    You acknowledge and accept that You have no property or other rights in any content on the Service and in the Service Materials, screen names, game scores, the content of chats and other messages submitted to a Service or to Us directly.
8.3.    You shall not, nor shall You cause any other party to change, modify, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code, copy, transfer, create derivative works from, assign, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, grant a security interest, lease or sell or benefit in any form or by any means, in whole or in part, use or facilitate the use, for any purpose other than for using the Service pursuant to these Terms or otherwise exploit the Service including any of the Service Materials without Crazy Quest 's explicit, prior written permission. 


9.    Disclaimer
9.1.    By accessing, using or downloading the Services You acknowledge and agree that Your use of the Service, in whole and in part (including, without limitation, all content, and Service Materials), shall be at Your sole risk and is provided on an "AS IS" basis. To the fullest extent permitted by law, Crazy Quest, affiliates or subsidiaries, or any of their its officers, directors, employees, contractors, partners and agents disclaim all warranties, conditions or other terms of any kind, either explicit or implied, in connection with the Service and Your use thereof, including, but not limited to, implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Crazy Quest makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service or that the Service will be uninterrupted or error-free and assume no liability or responsibility for any:
9.1.1.    Errors, defects, mistakes, or inaccuracies of content;
9.1.2.    Personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Service;
9.1.3.    Any unauthorized access to or use of Crazy Quest’s secure servers and/or any and all personal information stored therein;
9.1.4.    Any interruption or cessation of transmission to or from the Service;
9.1.5.    Any bugs, viruses, harmful components, Trojan horses, or the like which may be transmitted to or through the Service by any third party;
9.1.6.    Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service;        
9.1.7.    Human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections on account of Your access to or use of the Service;
9.1.8.    Quality, accuracy, completeness and validity of any information or materials in connection with the Service;
9.1.9.    The Services will meet Your requirements or that transmissions or data will be secure.
9.2.    By accessing or using the Services, You agree that Crazy Quest is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services. Any attempt to gain unauthorized access to the Services, interfere with procedures or performance of the Services, or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of Your participation. Any attempt to access or use any portion of the Services by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Services, will result in civil and/or criminal prosecution, termination of Your participation.
9.3.    In no event will Crazy Quest, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, be liable to You or any third party for: (i) any special, direct, indirect, incidental, special, punitive, exemplary or consequential damages or injuries whatsoever or any other losses, costs, or expenses of any kind including any lost profits, loss data or goodwill, legal fees, expert fees, cost of procuring substitute services, lost opportunity, or other disbursements arising, directly or indirectly, from Your reliance on, access to, use of, or inability to access or use, the Service or the Service Materials or other materials or content on, accessed through or downloaded from the Service, or browsing of the Services or through Your downloading of any materials, data, text, images, video or audio from the Services; or (ii) for the conduct of third parties, including other users of the Service and operators of external outdoor and/or indoors sites. The risk of using the Service and external outdoor and/or indoors sites rests entirely with You as does the risk of injury from the Service and external outdoor and/or indoors sites. The disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Service under any cause or action whatsoever of any jurisdiction, whether based on warranty, breach of contract, tort (including negligence), or any other legal theory, and whether or not Crazy Quest has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted in the applicable jurisdiction. You specifically acknowledge that Crazy Quest shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party, including but not limited, to other users of the Service and operators of external outdoor and/or indoors sites and that the risk of harm or damage from the foregoing rests entirely with You.
9.4.    To the fullest extent permissible under applicable laws, under no circumstances will Crazy Quest, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees be liable to You for more than the greater: (1) the Fees and other payments You have paid Crazy Quest in the ninety days (90) days immediately preceding the date on which You first assert any such claim, if any; or (2) 50 U.S. dollars. 
9.5.    You agree to release, discharge, defend, indemnify and hold Crazy Quest, and each of its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, harmless from and against any and all loss, liability, claim, demand, damages, costs and expenses, including without limitation, attorney's fees and costs, arising out of or in connection with:
9.5.1.    Your use or misuse of and access to the Service;
9.5.2.    Your violation of any term of the Crazy Quest’s Terms; 
9.5.3.    Your breach of the representations, warranties, and covenants made herein;
9.5.4.    Your violation of any third party right, including without limitation any copyright, property, or privacy right;
9.5.5.    Any claim that a user submissions made by You has caused damage to a third party; 
9.5.6.    Any User Content You post or share on or through the Service;
9.5.7.    Crazy Quest reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Crazy Quest, and You agree to cooperate with Crazy Quest’s defense of these claims. Crazy Quest will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. You will cooperate as fully as reasonably required in the defense of any claim.
9.6.    You agree that the provisions in this paragraph will survive any termination of Your Account or of the Service.

 

10.    Law and Jurisdiction
These Terms and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of Israel, without regard to principles of conflict of laws and regardless of Your location. You agree that any claim or dispute between You and Crazy Quest that arises in whole or in part from Your use of the Service shall be resolved exclusively by the courts of competent jurisdiction located in Tel Aviv - Jaffa, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of Tel Aviv - Jaffa. YOU AND CRAZY QUEST AGREE THAT ANY CAUSE OF ACTION REGARDLESS OF FORM, ARISING OUT OF OR RELATED TO THE SERVICE AND/OR THE CRAZY QUEST’S TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


11.    GENERAL PROVISIONS
11.1.    This Agreement constitutes the entire agreement between You and Crazy Quest and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.  
11.2.    You and Crazy Quest agree that if any portion of the Crazy Quest’s Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Crazy Quest’s Terms, which shall continue to be in full force and effect.
11.3.    Assignment. You may not assign or delegate any of Your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Crazy Quest, and any unauthorized assignment or delegation by You is void and ineffective. Notwithstanding the foregoing, Crazy Quest may assign or delegate this Agreement, in whole or in part, to any third party at any time without Your prior consent. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the You and Crazy Quest, their respective successors and permitted assigns.
11.4.    Safety Notes. Steering a vehicle while being distracted by smartphones or similar technology is already illegal in most countries and shall be refrained from. As a pedestrian, always pay attention to Your environment weather, the traffic, crosswalks, road paths, destroyed buildings, block roads, rails, road signs, strangers and additional outdoor and/or indoor experience risks, should You use the Service. 
11.5.    Dealing with other Players, Behavior in The Game. You shall undertake to treat other players with respect, any verifiable, repeated, inappropriate and in particular obscene statements or verbal attacks will lead to the immediate blocking of the Account.
11.6.    Relationship of the Parties. This Agreement, including any of its provisions, does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.